People v. Roach
Cases that cite this one
2 later published cases cite this decision.
- People v. Reilly (Appellate Division of the Supreme Court of New York 2000)
- People v. Rodriguez (Appellate Division of the Supreme Court of New York 2000)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—Judgment, Supreme Court, New York County (Herbert Adlerberg, J.), rendered October 21, 1997, convicting defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.
Defendant was properly sentenced as a second felony offender. We adhere to our prior holding that the unavailability of the agency defense in a foreign jurisdiction has no bearing on whether a foreign felony qualifies as the equivalent of a New York felony (see, People v Lee, 251 AD2d 161; People v Searvance, 236 AD2d 306, lv denied 89 NY2d 1041; People v Rexach, 220 AD2d 362). Concur — Milonas, J. P., Rosenberger, Williams, Tom and Saxe, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.